Restitution

  • ANZ v Londish [2013] NSWSC 1423

    25 September 2013
    The bank sought judgment for possession and the amount outstanding under its loan. The loan monies were secured by a mortgage and refinanced a previous loan. The borrower claimed the loan and...
  • Avery v Saree Holdings Ltd [2013] NSWSC 1032

    02 August 2013
    There had been an order for a taking of account between a lender and borrower as part of more complex proceedings. An issue arose in that taking of account as to whether there had been an...
  • Ocvirk v Permanent Custodians [2013] NSWSC 1021

    26 July 2013
    The parents allege the son and his wife forged their signatures on the mortgage. All monies mortgage The parents claim that the loan agreement is void and, because the mortgage secured amounts due...
  • Credit Union Australia v Lyons [2009] NSWSC 1188

    28 October 2009
    In this case the mortgages were discharged, but due to an administrative oversight the line of credit account was not closed. The borrower’s were able to draw on the account back to its original...
  • Heperu v Belle [2009] NSWCA 252

    25 August 2009
    In this case mortgage originator Morgan Brooks appointed Dominic Cincotta as its Double Bay agent. Cincotta stole $4 million from a Dr Landa. The fraudster arranged investment loans for Dr Landa and...
  • Ford by his Tutor v Perpetual Trustees Victoria [2009] NSWCA 186

    07 July 2009
    In this case the Father was illiterate, intellectually disabled and hoodwinked into signing the mortgage by his son. Non est factum The father argued non est factum (literally ‘not my deed’) and...
  • Brasher v O'Hehir [2005] NSWSC 1194

    24 November 2005
    This was a case in which the parents of a couple, the O’Hehirs, made two separate payments to their children during the marriage. After the marriage disintegrated the parents, the Brasher’s, sought...

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